Review Test 2 Flashcards
(125 cards)
1
Q
Law exists to ensure free system of mass media- ensures dialogue, debate & a variety of different opinions can circulate.
Limit corporate & governmental influence, protect individuals(children).
Also insures a fully functioning system of mass media- preventing some of the issues that hampered the early expansion of radio.
A
Reasons for Medial Regulation/ Media Law
2
Q
6 Areas where Media Law comes into play?
A
- Controversies of a free system of mass Comm- 1st Amendment.
- Copyright (intellectual property)
- Restrictions on obscenity & pornography.
- Regulation of TV & Radio.
- Regulation of the Internet.
- Regulation of advertising.
3
Q
Freedom of the press/ Freedom of Speech Prior restraint(say you can't talk about something) out lawed by the first amendment.
A
First Amendment
4
Q
stating that congress shall make no law abridging in the freedom of speech or of the press
A
First Amendment (book definition)
5
Q
An attempt by the government to censor the press by preventing it from publishing or broadcasting material. before they’ve had a chance to say it.
A
Prior Restraint ( book definition)
6
Q
Not allowed to shout “FIRE” in a crowded theater.
A
Prior Restraint
7
Q
Most important exemptions to the first amendment?
A
1971 Pentagon Papers: law suit finds prior restraint permissible and the government carries a heavy burden.
Justification is usually involved as well.
8
Q
This was another exemption -coverage of courts & trial conflicts of two constitutional rights. (right to a fair trial)
need to ensure impartial jury & impartially in the court itself.
Don’t want to press coverage to convict or exonerate defendants before the trail starts.
A
Conflicts between the 1st & 6th amendments
9
Q
Another exemption to the first amendment.
The act of harming the reputation of another by publishing false information.
A
Defamation
10
Q
What are the four types of defamation?
A
- Libel
- Slander
- Libel per quod
- Libel per se
11
Q
Published defamation- broadcast or written
A
Libel
12
Q
Spoken defamation
A
Slander
13
Q
Statements that always libel/ libelous ( written material)
A
Libel per quod
14
Q
Statements that are libelous only within a specific context. saying a person is a thief.
A
Libel per say
15
Q
Has no first amendment protection.
A
Obscenity
16
Q
gave a definition of obscenity as: something is obscene if it corrupts the minds of the most susceptible people (children, women, minorities, mental illness, or a handicap person)
A
Hicklin Rule (1830-1940)
17
Q
it introduces the contemporary standards and looks at the material as a whole as a opposed to focusing on small incidents of sex/ violence. now it is based on the average person, not the susceptible one.
A
Roth Vs. United States (1957)
18
Q
introduces the key term/ concept of community standards/ it also ties obscenity to the specific but understated forms of sexual conduct prohibited by state laws.
A
Miller Vs. California (1973)
19
Q
related to defamation in that it addresses how far the media can intrude into someone’s life to get a story. (ex, medical records) Privacy protects the truth
A
Right to Privacy
20
Q
What are 4 privacy issues?
A
- eves dropping/ surveillance
- unauthorizes release of medical or bank records
- publicizes ppl in a false light/ Photoshop.
- procreation of a person name for a commercial or ad.
21
Q
Broadcasting has become less regulated since the 1980’s- some laws have been completely abandoned.
Cable, Netflix, & Satellite TV are not under FCC regulation.
A
Deregulation of Broadcast television 80’s & 90’s
22
Q
Broadcasting TV & Radio are regulated by law due to its unique characteristics- which are?
A
- the airwaves are owned by the public/ citizens of the U.S.
- it is a scant, natural source (ex. Frequencies)
- It is very powerful because it can be used to change public opinion/ a guest in house.
23
Q
a congressional establishing act the federal radio commission, a regulatory body that would issue broadcasting licenses and organize operating times and frequencies.
A
Radio act of 1927
24
Q
A regulatory agency, composed of 5 individuals appointed by the president, whose responsibilities include broadcast and wire regulation.
A
Federal Communication of Commission -FCC
25
Problem of the internet is its international nature- most laws are national.
Some laws don't apply to the internet and can be used for successful prosecution, copyright, libel, fraud, obscenity(child pornography)
Regulations of the internet
26
Status of Speech- now they have the right to FREE Speech.
Can't lie
Limits to where ads can be placed & shown ex. No cigarettes
Regulations of Advertising
27
protects an author against unfair appropriation of his or her work.
Copyright
28
1909- formalization of U.S. law initially intended to protect the author and their work, NOW protects media companies interests
Copyright
29
What happens to copyright after a specific period?
it expires and cannot be renewed, the work moves into public domain. Work can be used with out charge to help inspire others.
30
means that copies of a protected work can be made for such legitimate activities such as teaching, research, news reporting, and criticism without penalty.
Fair Use
31
what was an ex. of Fair Use?
1992 Kinkos Case
32
the state of belonging or being available to the public as a whole, and therefore not subject to copyright.
work can be used without charge to help inspire others
Public Domain
33
when did the copyright get extended?
in 1978- which meant it lasted until the life of the author and 70 years after that. works published before that would last 95 years.
34
regulation from inside an industry or business branch of the media, self-regulation. Self-regulation is desirable for business, they'd prefer this over laws or outside interference. also a form of media regulation
Media Ethics
35
regulation from outside forces, specifically the courts and judicial aspects of government. is also a form of media regulation
Media Law
36
rules of conduct or principles of morality that point us toward the right or best way to act in a situation. doing the best thing under often difficult circumstances.
Ethics
37
These relate to the workers in specific media industries.
Violations can lead to the losing of your job or your ability to continue in the that industry.
-Codes voluntary
Codes of Conduct
38
you do not want to have the content appear to be influenced by advertising if you run a newspaper.
- New York Times is particularly strict here. could not accept freebies or attend parties.
- Some papers like AM NY, may not be as strict
Examples of Codes for Journalists
39
media ethics/the codes are voluntary, as in no law tells you you'll be prosecuted but a business association will fire you.
the codes tell you how to behave professionally and negotiate the conflicts inherent in the profession.
News Paper & Print Journalism
40
this is particularly imp for news papers. advertising makes the profit but lead important in doing the mission of delivering the news. Publishing sells advertising and deals with financial matter. Editorial deals with what is printed/content.
Conflicts between advertising and editorial content
41
makes them profit but lead important in doing the mission of delivering the news.
Advertising
42
sells advertising and deals with financial matter
Publishing
43
deals with what is printed/ content
Editorial
44
Staff for publishing and editorial are kept separate in order to do what?
Limit advertising influence over content. (a conflict between advertising and editorial content)
45
This also applies for some newspapers at the level of staff conduct (what they can and cannot do) ex. a writer can't attend certain parties promoting a certain product, or accept freebies.
Conflicts of news papers
46
Who banned all journalists and editorial staff from accepting freebies, attending junkets, or endorsing goods?
New York Times
47
These operate with a much closer relationship between advertising & editorial. Staff in both advertising and editorial can accept any freebies.
Magazines
48
Each network (NBC, ABC, FOX, CW) and all cable stations have their own of this, which over see what content and broadcast is programming and broadcast.
Broadcasting Standards & Practices. (S&P)
49
they make decisions on the dialogue of shows, images shown, basic content, look at the script, casting, who is on the talk show, who is allowed to be live broadcasted or needs a few seconds delay.
Broadcasting S&P
50
what does NBC, ABC, FOX do in regards to S&P?
they review everything already on the network feed, including commercials.
51
who reviews the children's programs, docudramas, ads new shows, and selected existing stories. Once a show is aired for a year, it probably wont be reviewed anymore.
CBC
52
S&P reviews everything on this channel?
MTV
53
S&P monitors relatively few shows
Discovery
54
Who has more liberal S& P Standards?
Paid cable, like HBO (inconsistency)
55
S & P also exist here and they can refuse to show a network program or refuse to show it unedited, although it rarely happens. some refuse to clear or air network shows for sexual reasons or political reasons.
Local Stations
56
At radio and TV Stations. Spells out each stations operating policy. If you violate you can be fired.
Policy Book
57
this was introduced in 1968, used for film?
Ratings
58
what were the initial ratings?
G- (everyone) PG-(parental Guidance) R ( restricted/ advised to be 18 over) X( must be 18 or older)
59
In 1984 & 1990 another 2 ratings were added, what were they?
1984=PG-13
| 1990= NC 17- which replaces X, no children under 17.
60
they are voluntary and must be paid for to have on your movies. you can have your film be unrated, but major film chains wont show unrated films, most wont show NC-17 either.
Ratings
61
Found that film did not have 1st amendment protection so therefore censorship is allowed. the film now looses 1st amendment protection, this lasted from 1915-1950.
1915- Mutual Vs. Ohio
62
1) Film is seen as a particularly powerful media & influential media and ones that's easily understood.
2) Questions of film's 1st Amendment rights
debates about whether film constituted speech or a commodity.
Together, these factors led to the emergence of film censorship, which soon became an ethical practice, a form of self-regulation, something that continues to the present.
Film Censorship- two most important reasons
63
Censorship involves the right to free speech and generally prohibited as a result.
Movie Censorship
64
Ohio had a state censorship board
Mutual sued Ohio, claiming its censorship board violated the 1st Amendment & moreover operated as a restraint of trade (films had to be censored to go to Ohio)
-1915- Supreme Court found in favor of Ohio- film was not speech & therefore not entitled to first amendment protections.
Mutual Vs. Ohio
65
Not overturned until 1952--also known as the Miracle case.
Burstyn vs. Williams
66
who was hired by Hollywood to represent the industry trade body=MPPDA, and to head their censorship division?
Will Hays ( major republican figure)
67
standards & practices (s&p) were being downsized as a result of 1980s deregulation but their power increased again in the 1990s & beyond, particularly after what?
Columbine and its effect on TV regulation
68
Despite network affiliation, many (most) stations are owned by a different company- these are called?
Affiliates
69
decision whether to air a network program or not.
-sometimes local stations refuse to clear network programming that violates their policy book & operating principles. (rare)
Clearance
70
A longer list of Do's & Don'ts
Hays Code
71
A group who find what's being shown immoral & stand outside theaters with signs putting down Hollywood.
The Legion of Decency
72
Film industry strikes back with a tougher censorship regime, developed over 2-3 years.(the hays code revised) in 1934 it finalized self regulation that builds and increases the major studio power.
Production Code
73
Why does the production code break down and when?
In 1948- after the paramount case and then the miracle case and is replaced by Ratings.
74
when Is the ratings introduced?
1968
75
(right to a fair trial, information shouldn't be leaked with past crimes or their life)
- Don't want defendants tried in the court of public opinion
- Trial and pretrial coverage (Scott Peterson) (worst case scenario someone can get away with the crime if the media is at fault for a bias jury) (becomes an area of problem with the internet)
two conflicting constitutional rights are involved- 1st Amendment & 6th Amendment
76
1957- Whether to the average person applying contemporary standards the entire theme
1970s- pornography is different than obscene
1982- restricting child porn proved not too violate the 1st amendment.
Restrictions involving Obscenity & Pornography
77
What are Advertising and PR known as and why?
"Vanity Industries" because they are concerned with image-making and image-preservation. Both are involved in persuasion.
78
is the non-personal presentation and promotion of a good or service, paid for by a (usually identified) sponsor.
Advertising- (def from book)
79
What are some differences between PR & Advertising?
Ad's are paid for, clearly distinguish themselves as paid for commercials. PR is more deceptive, it masquerades itself as content.
80
How is advertising part of marketing & Promotion?
it develops products, pricing, distribution, promotion of ideas, goods & services.
81
what are of 4 Functions of advertising?
1. marketing (sell)
2. Education (in for)
3. Economic (more business)
4. Social Functions (reaching that mass audience, how the product can help)
82
what does advertising do, at least in theory? and how?
Creates needs, they are the True and False needs.
83
What are true needs?
shelter, food, clothes, basic survival needs- phone.
84
what are false needs?
most of consumer culture, new shoes, I-phone 6, the idea that you NEED something, WANTS rather than needs.
85
advertising imposed on us(particularly online adv) we have no choice. traditional forms of imposed or pushed onto the public (tv ads, ads in newspapers, magazine ads, even some banner ads and pop-up online ads)
Push advertising
86
ads we seek out, ads that lure us in. most of these found in digital marketing. (viral ads, "first kiss" ad clothing company called Wren) Facebook, twitter and other forms of social media. YOUTUBE... designed to be attractive, entertaining and different.
Pull Advertising
87
advertising a general product, milk, beef, cotton, eggs- Milk mustache campaign-sell milk
Primary demand ads
88
ads that advertise branded goods, (which is vast majority of the ads) McDonalds salads, Gap T-shirts, Timex- watches..
Selective demand ads
89
work over the long term to build a brand, regular appeal.
Indirect action
90
contain a coupon feature, a 1-800 or 888 website they call upon viewers to act NOW.. ex- proactive
direct action
91
which demand ad and action usually work together?
selective demand & indirect action
92
Roots of the advertising industry lie in the foundation of the first media buyer service- Volney B. Palmer of Philadelphia (1842) (know the mid 19th century)
-Bought newspaper advertising space in bulk & resold to specific advertisers at higher rates.
History of Advertising
93
Roost go back to antiquity- clay tablets from ancient Egypt featuring some form of advertising.
History of Advertising- Most of the modern industries
94
how did advertising really get going?
with print of Early handbills, and selling prayer books.
95
what leads to advertising becoming more important and professionalized?
Industrial revolution
96
when are AD agencies born?
in the 19th century
97
who was the first media buyer?
1842- Volney B. Palmer of Philadelphia
98
when did the first agency start?
Later in the 19th century, first proper ad agency, NY AYER & Sons- plans to create advertising campaigns.
99
Creates ads, places them in magazines, newspapers, radio, TV, the internet, billboards. They do all kinds of testing & market research.. ONE STOP SHOP
Full Service Advertising Agencies
100
Broker ad space (radio & television) re-selling ad space.
Media Buying Services
101
Design & Plan advertisement ONLY
Creative Boutique Agencies
102
Several linked ads- often presented on a variety of media. last over a specific period of time, rare to make a single ad intended to stand alone. Before they create these, agencies does research into the brand, its competitors, its customers, and customers they hope to reach and decide what is the best way to reach the target audience.
Campaigns
103
the ones you want to reach as perspective consumers
Target Audience
104
how you fit a product in with the media that exists and how you distinguish it from its competitors. Leads to a theme which is translated into the ad campaign.
Positioning
105
When are ads tested and why?
they are extremely expensive, and they are tested before, during and after a campaign.
106
this is difficult because we don't like conventional ads, which is why we go to pull ads, digital marketing that work better.
Advertising on the internet
107
what is PR also know as and why?
SPIN- for spinning the truth- tells the truth in a way that it helps the client.
108
Turns bad news into good amongst other things, making it somewhat recession proof.
it maintains ideally a good image for clients & protects the company or the client if a crises arises.
Public Relations
109
Headed "FOR IMMEDIATE RELEASE" usually followed by a single paged story or feature on your client or topic. recipient is invited to reprint it or copy & paste
Press Release
110
operate in the same way as press release but are using video.
Video News Release (VNR)
111
You look like you are being open & directly engaging with public or critics, but this PR -the openness is the point. Two way communication or the appearance of it. Central to PR.
Press Conference
112
promotion for products, or films, TV shows etc.. The GOAL is to get the product media coverage as a feature and not news.
Junkets
113
Presents the client in a good light. percentage of the proceeds go to a charity
Charity Events
114
Used to get media coverage that promotes the client. "announce the pregnancy of an actor"
Stunt
115
what are the 6 techniques of PR
1. Press Release
2. Video News Release
3. Press Conference
4. Junkets
5. Chartiy Events
6. Stunts
116
they publicized and revealed poor working conditions.
muckrakers
117
He is a Pioneer of Modern PR- responded by defending & humanizing clients- business with poor reputations.
Lee "spins" these stories around to show big businesses & industrialists in a better light. (humanized business)
-Lee used modern PR to humanize business and to limit strikes, the powers of unions & other forms of bad press. (purposely take on industries with the worst reputations)
IVY LEE- 1903
118
Persuasion, shaping an opinion, acknowledging upsets or discrepancies in the publics reception of your image or message.
Working with Public Opinion
119
communicate the clients goals or message or give the sense that the client is listen ting to and receptive to the public.
Concern with communication
120
managing a client image, workers or publics
| PR sets goal: helps companies, clients respond to change.
work with management
121
Good word of mouth
BUZZ
122
communicating with publics inside and organization/affiliated to a client. (in house magazine, alumni mag)
Internal PR
123
the agencies that handle the specific needs, crisis management.
External PR
124
Events WWI committee encouraging Americans to enlist or conserve food FDR would speak every night to encourage ppl
PR Government
125
the activity of developing and keeping good relationships with people who work for newspapers, etc. in order to make them more aware of a product or service, or of a company or organization:
Press relations
